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(영문) 창원지방법원 2016.06.30 2015가단79044
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground for claim

A. New America Construction Co., Ltd. and Won Construction Co., Ltd. contracted from Cheongju-si to install a facility for the treatment of monthly water supply (the first minute) of the combined sewerage system at Cheongju-si, and the said company subcontracted the construction of household facilities to the Plaintiff during the foregoing construction.

B. At around 15:00 on March 3, 2013, the Defendant, as the Plaintiff’s employee, was registered as the employee of a new construction company in relation to the management of employment insurance and industrial accident compensation insurance.

C. In preparation for the Plaintiff’s decrease factors in designating a subcontractor due to the industrial accident report, on April 4, 2013, the Plaintiff agreed to compensate the Defendant for KRW 100 million in order to compensate for the Defendant’s loss, not to make any additional claim to the Plaintiff, and not to hold the Plaintiff liable for all future responsibilities on the side of the original contractor.

(hereinafter referred to as “instant agreement”). D.

Nevertheless, since the industrial accident occurred on the part of the prime contractor, the Defendant committed an act such as demanding damages, thereby violating the agreement between the Plaintiff and the Defendant.

E. The defendant is responsible for compensating the plaintiff for damages caused by the tort in violation of the above agreement. The defendant first seeks payment of the amount stated in the purport of the claim.

2. The written evidence Nos. 1 through 10 is insufficient to acknowledge that the Defendant committed an act violating the instant agreement as alleged by the Plaintiff, and it is not sufficient to accept the Plaintiff’s assertion on the ground that there is no other supporting evidence.

3. Accordingly, the plaintiff's claim is rejected, and it is dismissed. It is so decided as per Disposition.

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